Padleford Case & Standing



The Informer 


Yes, the admiralty Rules are all in Title 28 now. I have all the original admiralty rules and the books on where they all are now. They are horrendously large in volume. To start with read Southworth Machinery Co. Inc vs F/V Corey Pride, et al 1993 AMC 2261 wherein they say UCC is a source of Admiralty law and UCC is considered a source for federal admiralty law. That will get you going. Now pull Commentaries on American Law by James kent Vol 1 Fourth Ed. This explains the admiralty jurisdiction in the federal courts. Pull the Tulane Law Review Vol 55 1980 1981 Titled Admiralty-Procedure for maritime Action in Rem found Unconstitutional.

After reading these then go to The United States Code Annotated Title 28 Federal Rules of Civil

Procedure Rules 77 to end. In there is Index to Federal Rules of Civil Procedure first vol of this title starting on page 109 There you have three columns


Former admiralty Rules Federal Rules of Civil Procedure Fed. Rules of Appl. Proc.

This is Admiralty rule 1 to 60 This is present rules that they are This is where appl. rule is


Then pull US CODE ANNOTATED Title 28 1989 Cumulative Annual Pocket Part that has

amendments through January 1, 1989 For close of notes see page 111


Ok, now we get to the meat of in depth. Go pull IRC regs 301.7401-1 authorization. Yes it is under admiralty under the commercial nature of Maritime. As I have stated over and over revenue is straight admiralty. This will be supported by pulling 3 How. iii Index of Principal Matters page 807. That leads you to 10 How. v Rules of Court two pages, then 13 How. vi in the Index starts with abatement pages 695, 696 Then 17 How. vi under abatement Account Admiralty one page, then 21 How 10 Admiralty Rule, then 1 Black 6 General Rules two pages 6 & 7, then 7 Wall general Rule December 1868, then 13 Wall xii supplementary Rules of Practice of admiralty at xii, xiii & xiv, then 103 U.S. xiii Rules of Practice in Admiralty, 112 U.S. 743 Appendix Amendment to Rules

Supreme Court of The United States 1882 Rules in Admiralty, then 130 U.S. 705 Appendix another amendment, then 160 U.S. 693 1895 Amendment, then 210 U.S. 544 is the real deal Index to Admiralty Rules. This gives every admiralty Rule made. On page 544 it states Rules of Practice for the Courts of the United States in Admiralty and Maritime Jurisdiction, on the Instance side of the Court, in Pursuance of the Act of the 23d of August , 1842, Chapter 188, 5 stat 516. This ends on page 711 Now pull 281 U.S. 773 the Amended Rules becoming effective October 1, 1930 Then more amendments in 286 U.S. 572 May 1932, then 307 U.S. 653 More Amendments to page 659 effective May 22, 1939, then 316 U.S. 716 Amendments May 4, 1942. Now I am skipping some more amending and going to 308 U.S. 1019 Appendix Containing Amendments to Rules of Civil Procedure for the United States District Courts--Rules of Practice in Admiralty and Maritime Cases and General Orders in Bankruptcy and the Official Forms Prescribed by the Supreme Court of The United States Effective July 19, 1961. this ends at page 1041. Now all this will conclusively prove that the Civil Rules Title 28 have always been Admiralty Rules. More proof? Now pull Federal Rules Decisions Vol 34 Opinions, decisions and Rulings involving the Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure. Starting on page 331 going to page 370. Now on page 369 and 370 they show the

disposition of Admiralty Rules into Title 28. Here is some of the Rules that are admiralty. I give you only some of the admiralty Rule then the Title 28 Rule

Admiralty Rule                         Title 28 Rule

7                                              54d

8                                              Supplemental rule E6

20                                            69-71

21                                             8 & Supp. R. C2

23                                             15

27                                              12 & 56

28                                               55 & 60

29                                               12 f 26 et sec

35                                                11 & 12f

44                                                 83

441/2                                            16

46                                                  43 and 28 usc 753

48                                                  7a,8d, and 12a & b

56                                                   14

58                                                   56

59                                                   57

You starting to get the picture? Now go to the FRD and pull Vol 39 which is dated 1966 when they really dumped it in your lap On the Amendment page it states Transmitted to Congress Feb, 28, 1966 Effective date of Amendments: July 1, 1966; see Orders pages 183, 203, 18 USCA 3771, and 28 USCA 2072 2073


For preliminary Draft of Proposed Rules see 34 FRD 325.


Now I am only a quarter through what you all need to know. But this will prove beyond any doubt that we have all been under Admiralty Rules from the start. Why ? Because we are still under the International Rule of the Crown and have always been. Need I say more? Go back and remember what you read in the Cory Pride case about UCC and Admiralty law which is the International law merchant. If that isn't bad, read 98 FRD 374. Any one now want to challenge that all the above is made up and admiralty isn't working on you today as we speak?

The Informer

October 1994